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Full-Text Articles in Law
The Future Of Appellate Sentencing Review: Booker In The States, John F. Pfaff
The Future Of Appellate Sentencing Review: Booker In The States, John F. Pfaff
Marquette Law Review
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Scottsboro, Michael J. Klarman
Scottsboro, Michael J. Klarman
Marquette Law Review
This essay tells the story of Scottsboro, one of the most important legal events of the twentieth century, in which nine black teenagers were falsely accused of rape, sentenced to death, and twice successfully appealed their convictions to the United States Supreme Court. In addition to describing the Scottsboro episode in some detail, the essay seeks to draw some lessons from this story: Why did the Supreme Court’s first modern criminal procedure cases tend to involve southern blacks as defendants? Why did southern states seem to regress in their treatment of black criminal defendants in cases such as Scottsboro? What …
Death Penalty Appeals And Habeas Proceedings: The California Experience, Gerald F. Uelmen
Death Penalty Appeals And Habeas Proceedings: The California Experience, Gerald F. Uelmen
Marquette Law Review
The administration of the death penalty has become completely dysfunctional in California, to use the words of California Chief Justice Ronald M. George. The California Supreme Court is overwhelmed with a backlog of 80 fully briefed death appeals, and 100 fully briefed habeas petitions. California has the longest delays in the county, with 20-24 years elapsing between sentence and execution. With the longest death row in the county (680+), the chief cause of death on death row is death by natural causes, followed by suicide. California has had 13 executions since the death penalty was restored in 1978. The current …
Robust Appellate Review Of Sentences: Just How British Is Indiana?, The Honorable Randall T. Shepard
Robust Appellate Review Of Sentences: Just How British Is Indiana?, The Honorable Randall T. Shepard
Marquette Law Review
While the notion of appealability of sentences is widespread, such appeals in most jurisdictions occur under standards like ―abuse of discretion‖ or ―plain error‖ or simply ―excessive.‖ In the late 1960s, Indiana began the process of importing into its constitutional law a piece of British doctrine that contemplates a more robust role for appellate courts. For two decades, this appeared to produce little if any difference in outcomes. In the first decade of the new century, however, a series of rule changes has prompted movement toward the original design.
Appellate Review Of Sentence Explanations: Learning From The Wisconsin And Federal Experiences, Michael M. O'Hear
Appellate Review Of Sentence Explanations: Learning From The Wisconsin And Federal Experiences, Michael M. O'Hear
Marquette Law Review
For at least half a century, reformers have urged American appellate courts to play a more active role in the sentencing process. Outside a small number of jurisdictions with binding sentencing guidelines, however, the appellate courts have generally failed to establish a meaningful role for themselves. The present article focuses on one particular function that appellate courts might usefully perform: that is, reviewing the adequacy of the explanations given by trial-court judges to justify their sentencing decisions. Such “explanation review” is conceptually distinct from substantive review of the sentence: the former asks whether the sentence has been adequately justified, while …
Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise
Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise
Marquette Law Review
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Congressional Legislation: The Next Step For Corporate Deferred Prosecution Agreements, Rachel Delaney
Congressional Legislation: The Next Step For Corporate Deferred Prosecution Agreements, Rachel Delaney
Marquette Law Review
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